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Minutes - CAC - 2022-07-13COSTA MESA SANITARY DISTRICT MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING JULY 13, 2022 NOTE. This hybrid in -person and teleconferenced meeting will utilize electronic means consistent with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). CAC Members present Cindy Brenneman, Rosemarie Chora, Dickie Fernandez, Judy Gielow, Elodie Katz, Sue Lester, Michael Tou CAC Members absent Jeff Arbour, Annette Watson, Daniel Baume, Dean Fisher Board Members present President Ooten Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Gina Terraneo (Management Analyst II), Mark Esquer (District Engineer) Others present Mike Balliet, Michael Balliet Consulting Meeting called to order at 6:02 P.M. A. OPENING ITEMS Procedural: 1. Call to Order Citizens Advisory Committee (CAC) Chair Katz called the meeting to order at 6:02 P.M. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 1% 2022 Procedural: 2. Roll Call District Clerk & Public Information Officer, Noelani Middenway, conducted roll call. She noted that CAC Members Brenneman, Chora, Fernandez, Gielow, Katz, and Tou were present, while CAC Members Arbour, Baume, Fisher, Lester, and Watson were not present at this time. Procedural: 3. Public Comments - Speakers will be limited to three minutes. The three minutes per speaker time allotted may be extended for good cause by a majority vote of the committee. CAC Chair Katz opened public comments. Hearing none, she closed public comments. B. ITEMS Action: 1. Approve the Citizens Advisory Committee Meeting Minutes of May 11, 2022 Recommendation: That the Citizens Advisory Committee approves the meeting minutes as presented. CAC Chair Katz introduced the item. Motion: To approve the Citizens Advisory Committee Meeting minutes of May 11, 2022. Motion by Cindy Brenneman, second by Michael Tou. Final Resolution: Motion carries 6-0-0-5 Ayes: Cindy Brenneman, Rosemarie Chora, Dickie Fernandez, Julie Gielow, Elodie Katz, Michael Tou No: None Abstain: None Not Present: Jeff Arbor, Daniel Baume, Dean Fisher, Sue Lester, Annette Watson There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE CITIZENS ADviSORY COMMITTEE MEETING HELD JULY 139 2022 Action, Receive and File: 2. Receive and File Waste Composition Study #2 from Michael Balliet Consulting Recommendation: That the Citizen's Advisory Committee provides comments and recommendations to the Board of Directors regarding the results of the Solid Waste Characterization Study Conducted on May 19, 2022. CAC Chair Katz introduced the item. General Manager, Scott Carroll, described the purpose of the Solid Waste Characterization Study. CAC Vice Chair Lester entered the meeting at 6:06 p.m. Mike Balliet of Michael Balliet Consulting (MB) provided report details. CAC Member Chora inquired about the neighborhood that was sampled for the study. Mr. Balliet stated that the study utilizes random sampling. He added that the study includes broad samples from a cross section of the area. CAC Chair Katz commented that the photos included in the report were helpful and that one of the residences included in the sample produced a significant amount of green waste. Mr. Balliet stated that the waste appeared to be palm leaves, but it was a different plant that CR&R's Anaerobic Digester was able to process. CAC Chair Katz inquired about Senate Bill (SB) 1383 compliance. Mr. Balliet stated that, according to SB 1383, 75% of organic waste must be diverted from the landfills. He reported that 14% of the waste collected in the sample was organic waste. He confirmed that the District is compliant with the mandate's 75% diversion goal. CAC Chair Katz inquired about recyclable items. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Mr. Balliet stated that CR&R utilizes different forms of technology to recover recyclables such as cardboard, paper, beverage containers, aluminum foil, and bi-metal cans. President Ooten asked if the District has made any substantial changes in educating the public about sorting their waste since the Waste Composition Study #1 was published. Mr. Carroll stated that District customers have been receiving the same educational information. He noted that the customers included in the sample for Waste Composition Study #2 have adopted the appropriate recycling behaviors. President Ooten shared that the Midway City Sanitary District has been hand delivering recycling notices to their customers. He inquired if the District has utilized similar methods of outreach. Mr. Carroll stated that the District mails each trash customer a copy of the quarterly newsletter. He added that District staff and CR&R administer the Cart -to -Cart Outreach Program. CAC Vice Chair Lester recognized CR&R Representative, Mike Carey, for helping the customers in the sample area improve their recycling efforts. Mr. Carroll shared that the OC Register published an article regarding the successes and challenges of SB 1383. There was no further discussion, and the report was received. Action, Receive and File: 3. Free Shredding/Compost Event — Final Report Recommendation: That the Citizens Advisory Committee receives and files this report. CAC Chair Katz introduced the item. Mr. Carroll stated that the District's Compost & Shredding Event was a huge success and shared event data. He noted that the event was completed under its budgeted amount and recognized CAC Members Katz, Lester, COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Brenneman, and Tou for their assistance. He added that the District is planning to provide the event next year. CAC Member Tou thanked District staff and its event partners for their coordination. He asked if the same event will be provided annually or if it will be scaled down according to need. Mr. Carroll stated that District staff is planning to host the event annually and the District is hoping to receive 1,000 customers next year. CAC Chair Katz recognized District staff and Management Analyst I, Nabila Guzman, for her outstanding work in planning the event. There was no further discussion, and the report was received. Action: 4. Consider Recommending the Board of Directors Approve 2.8% Rate Adjustment to CR8rR Environmental Services Recommendation: That the Citizens Advisory Committee considers recommending the Board of Directors approve 2.8% rate adjustment to CR&R Environmental Services. CAC Chair Katz introduced the item. Mr. Carroll provided report details. He stated that, in their amended contract, CR&R has requested a 2.8% rate adjustment. He noted that District staff recommends approving the request since the cost can be absorbed into the current budget. He added that this rate adjustment was requested in regards to inflation and not CR&Ws performance levels. CAC Member Chora inquired about CR&Ts eligibility for requesting a rate adjustment. Mr. Carroll stated that CR&R can request a Consumer Price Index (CPI) increase every two years and that it must be approved by the Board of Directors. He noted that the Board denied CR&Ws previous request for a 5.6% rate adjustment. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 CAC Vice Chair Lester asked if this request has already been reviewed by the Board. Mr. Carroll stated that the Board requested performance data from CR&R before issuing a decision on the rate adjustment. He confirmed that CR&R has submitted a request for a 2.8% increase to the Board. CAC Chair Katz asked if the District has available funds in the existing budget for the rate adjustment. Mr. Carroll clarified that the District is currently using its reserve funds to balance the budget. CAC Vice Chair Lester asked if the Board is reviewing other items from CR&R that will affect solid waste rates. CAC Chair Katz clarified that Director Eckles commented that the District's transition to a three -cart system in addition to CR&R's contract negotiations will result in an increased financial burden for ratepayers. Mr. Carroll confirmed that if the Board approves CR&R's contract terms, then the District will be required to increase solid waste rates due to expenditures related to SB 1383 compliance. Discussion followed regarding inflation. CAC Member Fernandez expressed support for CR&R's request in light of the current trash service issues taking place in Santa Ana with Republic Services. CAC Vice Chair Lester commented that if CR&R were to experience major service issues, then it would be very unlikely that they would offer discounted rates for their lack of performance. She stated that she is hesitant to make concessions for poor quality service at the expense of the ratepayers. She added that she understands why CR&R submitted this request and their service issues, but she does not support rewarding poor service. She inquired if CR&R has achieved their contractual obligations. She noted that customers are still experiencing missed trash pickups. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Mr. Carroll provided a service update of CR&R's operations. He noted that CR&R is experiencing truck delivery delays due to supply chain issues. He shared that they added an additional driver to assist with the Large Item Collection Program. He reported that CR&R has 60 customer service employees but requires 70 to meet their demand levels. He added that the entire industry is experiencing hiring challenges. He stated that the District recommends approving the 2.8% increase as a means to address CR&R's additional costs. CAC Member Fernandez stated that if the District does not help CR&R offset their inflation costs, then it could potentially cause more of a negative impact to the community. CAC Member Chora stated that CR&R's 2.8% request is a reasonable figure and expressed support for approving it. She stated that although she is not satisfied with CR&R's service levels, the rate adjustment amount is not excessive. She noted that the negotiated contract with CR&R will provide greater protection for the ratepayers. CAC Member Tou expressed agreement with CAC Member Chora's remarks. He asked if decreases in the recycling disposal tonnage will produce savings that can help offset costs. Mr. Carroll stated that decreases in tonnage could potentially lead to savings. CAC Chair Katz asked why the previous CPI request was dependent on CR&R's performance levels. Mr. Carroll stated that the Board found it relevant to compare those two items at that time. CAC Chair Katz asked when CR&R's rate was last adjusted. Mr. Carroll stated that it was in 2019. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 CAC Vice Chair Lester stated that CR&R's service issues continued after their last CPI increase was approved. CAC Member Brenneman asked how the District will clarify to CR&R that this rate increase is not linked to their performance review. Mr. Carroll stated that District staff has communicated to CR&R that the rate adjustment does not reflect satisfaction with their service levels. Motion: To recommend that the Board of Directors approve 2.8% rate adjustment to CR&R Environmental Services. Motion by Rosemarie Chora, second by Judith Gielow. Final Resolution: Motion carries 6-1-0-4 Ayes: Cindy Brenneman, Rosemarie Chora, Dickie Fernandez, Julie Gielow, Elodie Katz, Michael Tou No: Sue Lester Abstain: None Not Present: Jeff Arbor, Daniel Baume, Dean Fisher, Annette Watson There was no further discussion. Action: S. Consider Appointing One Citizens Advisory Committee Member to the Solid Waste Ad Hoc Committee Recommendation: That the Citizens Advisory Committee appoints one member to serve on the Solid Waste Ad Hoc Committee. CAC Chair Katz introduced the item. Mr. Carroll stated that the CAC needs to appoint one additional member to the Solid Waste Ad Hoc Committee. He noted the committee meets on an as -needed basis. CAC Vice Chair Lester volunteered to serve on the committee. CAC Member Chora asked what issues are discussed by the committee. Mr. Carroll stated that the committee discusses any issues related to solid waste. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 CAC Chair Katz shared some issues that the committee has discussed in the past. CAC Member Chora volunteered to serve on the committee. Discussion followed regarding how many CAC members can serve on the committee. CAC Chair Katz proposed to serve as an alternate CAC member for the committee. Motion: To appoint Vice Chair Lester and Committee Member Chora to serve on the Solid Waste Ad Hoc Committee, and to appoint Chair Katz as an alternate member. Motion by Elodie Katz, second by Michael Tou. Final Resolution: Motion carries 7-0-0-4 Ayes: Cindy Brenneman, Rosemarie Chora, Dickie Fernandez, Julie Gielow, Elodie Katz, Sue Lester, Michael Tou No: None Abstain: None Not Present: Jeff Arbor, Daniel Baume, Dean Fisher, Annette Watson There was no further discussion. Action: 6. Provide Comments and Suggestions to Contract Negotiations Preliminary Deal Points with CR&R Environmental Services Recommendation: That the Citizens Advisory Committee provide comments and suggestions to staff regarding contract negotiations preliminary deal points with CR&R Environmental Services. CAC Chair Katz introduced the item. Mr. Carroll provided report details and shared that District staff and CR&R are recommending transitioning from a two -cart system to a three -cart system to source separate materials. He stated that CR&R will swap one Mixed Waste Cart with one blue cart for recyclables in an effort to increase the District's waste diversion rate. He noted that this transition will require COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 extensive public outreach including town hall meetings. He shared that the negotiated contract with CR&R will include liquidating all damages as an accountability measure. He added that CR&R has agreed to pay for half ($20,000) of the District's community survey, which was a recommendation by the CAC. He discussed CR&R's proposed monthly rate of $24.08, which does not include the District's overhead costs. He stated that CR&R is currently conducting a rate survey of other waste haulers. He noted that the District has calculated an overall monthly rate of $26.68. He discussed the District's current solid waste rate structure. CAC Member Chora inquired about CR&R's statistic of 23 missed trash pickups per week. Mr. Carroll stated that CR&R calculated that statistic. CAC Member Chora asked for District staff to reanalyze the liquidated damages section of the contract and inquired about the District's community survey. Mr. Carroll confirmed that District staff manages the community survey and works with the CAC and Board to draft survey questions. CAC Member Chora discussed the technology section of CR&R's contract and their proposed camera service. She stated that it is important to ensure that CR&R's cameras are used to reduce contamination and not as a weapon against customers. She recommended guaranteeing that these cameras produce clear and accurate photos for documentation purposes. She requested further clarification regarding how CR8&R's enforcement warnings and cart tags are documented and verified. CAC Vice Chair Lester asked if CR&R will be providing trash carts smaller than the 65-gallon trash carts. Mr. Carroll shared that District customers can request 35-gallon trash carts. He explained that customers will have the option to swap their current carts for their preferred cart size. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 CAC Vice Chair Lester inquired about offering smaller carts at a reduced price. Mr. Carroll stated that District staff can have that discussion with CR&R after they take inventory of customers' cart sizes and quantities. CAC Vice Chair Lester inquired about possible occurrences of customers utilizing other people's trash carts to dispose of their extra bags of trash. She asked how CR&R can determine who is at fault for misusing trash carts. Mr. Carroll stated that the District's Operations Code prohibits people from placing their trash in other customers' trash carts. He added that pictures and other forms of proof will be necessary to make that type of claim. CAC Vice Chair Lester inquired about CR&R's statistic of 23 missed trash pickups per week and asked if that number refers to 23 residences or 23 streets. Mr. Carroll stated that it refers to 23 residences that were missed. CAC Member Chora asked if CR&R would only be charged according to the number of missed trash pickups. Mr. Carroll confirmed that CR&R will be charged based on the number of missed trash pickups. CAC Vice Chair Lester discussed instances of reported missed trash pickups. She stated that if a customer reports 12 streets that were missed for service, it is counted as 12 residences unless every street address is listed. Mr. Carroll stated that the reports tend to be too vague to determine how many residences did not receive service. He added that customers need to report the exact address to accurately document CR&R's performance. CAC Vice Chair Lester clarified that, in the past, she has reported street names with the number of residences that were not serviced. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Mr. Carroll stated that each residence is then counted as a missed collection. He noted that if this problem persisted on a weekly basis, then the District's Code Enforcement Officer would conduct inspections to document each instance. Discussion followed regarding how many missed trash pickups have been recorded. CAC Member Tou asked how CR&R and the District communicate to its customers about trash delays and how customers can report other trash issues. Mr. Carroll stated that the District prefers for its customers to call or use the mobile app to report trash issues. He added that the District utilizes its social media platforms, issues quarterly newsletters, places notices on trash carts, and meets with communication consultants to perform a variety of public outreach methods. He noted that the District also relies on its CAC members to be ambassadors. CAC Chair Katz asked if District staff follows up with requests that are submitted through the mobile app. Mr. Carroll confirmed that District staff follows up with CR&R for GPS records or sends out the Code Enforcement Officer to follow the trash trucks and review trash cart placement. He confirmed that the District is working with CR&R to obtain their data. CAC Vice Chair Lester stated that CR&R has improved their communication regarding trash delays with customers. She shared that she has received automated calls from CR&R. She inquired about trash enforcement and fines between the District and the City of Costa Mesa. Mr. Carroll stated that the District and the City will have different enforcement measures and fines. CAC Member Tou asked how the District compares with other cities regarding the rollout of the three -cart system and inquired about CR&Ws rate adjustment policy. COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Mr. Carroll stated that the District is waiting to review CR&R's rate survey to compare the net -to -hauler costs. He added that CR&R's cart inventory should be ready for review in mid -September. He noted that rate adjustments require Board approval. CAC Chair Katz recognized District staff for their efforts in negotiating an amended contract with CR&R. She expressed support for further educating customers on how to report trash issues. She discussed radio -frequency identification (RFID) trash carts and inquired about contamination fee fines, CR&R's appeals process, and lockable trash carts. Discussion followed regarding CR&R's trash cart audit, contamination fees and administrative citations, and lockable trash carts. CAC Vice Chair Lester asked for the mobile app's map to be limited to the District's service area. CAC Member Gielow asked for a copy of the meeting agenda. Mr. Carroll stated that the District can provide her a copy of the agenda with the staff reports prior to the next meeting. Discussion followed regarding trash cart sizes. CAC Chair Katz asked if the 35-gallon trash carts will be discontinued. Mr. Carroll confirmed that the 35-gallon trash carts will still be available for customers. CAC Member Chora inquired about the District's public outreach materials. Mr. Carroll stated that all materials will be reviewed by District staff and provided in Spanish. CAC Member Chora inquired about CR&R's sustainability coordinator and recommended increasing the fees for liquidated damages. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 Mr. Carroll thanked everyone for the comments and feedback. There was no further discussion. C. CLOSING ITEMS Procedural: 1. Committee Member Comments CAC Member Chora commented that the California Resource Recovery Association (CRRA) conference is taking place in September. She encouraged the District to have staff members attend the conference. Mr. Carroll shared that Ms. Guzman will be attending the CRRA conference. CAC Vice Chair Lester thanked the District for the Compost and Shredding Event. She shared that the District's Bilingual Pay policy was approved and thanked the Board for supporting District employees. CAC Chair Katz expressed support for the Board's approval of a cost -of - living adjustment for District employees. There was no further discussion. Procedural: 2. Board/Staff Comments Mr. Carroll commented that an unflattering article about the District was published in the OC Register. He shared that there was a cultural issue within the Wastewater Department about four years ago. He noted that the issue was handled immediately, and action has been taken to improve workplace culture. CAC Chair Katz and CAC Member Tou thanked Mr. Carroll for addressing the article. CAC Member Tou suggested sharing such articles with the CAC prior to them being published, if possible. There was no further discussion. Procedural: 3. Adjournment COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JULY 13, 2022 CAC Chair Katz adjourned the meeting at 7:20 p.m. and stated that the next CAC meeting is scheduled for September 14, 2022. Elodie Katz Citizens Advisory Committee Chair